![]() When a husband and wife purchase real estate or lease real estate with an option to purchase, it will create an estate by the entirety, unless the intent to create a tenancy in common appears in the instrument (32-17-3-1). Natural persons who are aliens, whether they reside in the United States or another country, may acquire real estate by purchase, devise, or descent may hold and enjoy real estate and convey, devise, transmit, mortgage, or otherwise encumber real estate in the same manner and with the same effect as a citizen of the United States (32-22-2-5). However, any person under 18 years of age may, with the consent of the circuit, superior, or probate court in the county where the person resides, convey, mortgage, or agree to convey or mortgage real estate or interest therein if married to someone who is at least 18 years old (32-22-1-3). The limitations on conveyances of real property in this state apply to mentally incompetent persons and those under 18 years of age. ![]() The forms can be tailored to suit the specifics of a transaction.Įxcept for the limitations listed in this paragraph, the power to convey property in Indiana is extended to individuals, aliens, corporations, and those claiming jointly. Both of these are common forms of conveyance in this state. The statutes also provide a form for a quitclaim deed (32-21-1-15). The Indiana Statutes, section 32-17-1-2, provide the wording for a conveyance in fee simple with a covenant from the grantor. A conveyance is defined in the Indiana Statutes as an instrument of writing concerning land or interest in land, except a last will and testament, a lease not exceeding three years, or an executory contract for the sale and purchase of land (32-21-3-1). A conveyance of land or of any interest in land in Indiana should be made by a deed in writing that has been subscribed, sealed, and acknowledged by the grantor or by the grantor's attorney (32-21-1-13).
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